I live in Washington state.
I want to get a will that will say: If anythig happens to me, my husband, my children's step dad, will get custody. Can I do that, and will it hold up? Should I put the reasons why in my will? Bio Father is a drug addict, cant hold a job, in and out of jail, etc...
Will it hold up in court? Bio father "might" try to get them, but can NOT take care of them. I don't want him to ruin them. I would assume that he would give them to my mom..if I didn't make it legal for my husband.
BTW- it is also what my children want.
Thank you
2007-05-11 05:07:23 · 6 answers · asked by loladoreen 3 in Politics & Government ➔ Law & Ethics
He would not allow them to be adopted. He loves them, and states they are the only thing keeping him alive. And I believe that. But, is incapable of raising them. Other than adoption, can I do anything?Maybe, if I made an attempt it would sway him that way. Im not sick or dying but..for some reason it is on my mind A LOT
2007-05-11 05:23:00 · update #1
This would NOT hold up in court, the step parent has absolutely no legal rights to the children. Though he may be better suited for the children the children would go to the biological father. Even if you stated your reasonings it will not stop the children from being placed with the father. The only way the children would remain in the custody of the step father is if he was to adopt the children. Maybe you should focus on that, in Washington state it would be easily done if the biological father consented to the adoption. Would only cost you about 700.00 to pay an attorney to draw up the papers, have them signed by biological father and file in the appropriate county. DHW will do a background check and approve the adoption, and then the judge would sign off on the adoption.
Just an option! Good Luck
You stated he would not allow adoption, does he agree he would not be able to care properly for the children?
What about a clause in your will that he would volunteerly give guardianship to your husband. That way your husband is raising your children, yet he will still be the father and be able to see them?
I'm glad to hear you are not sick, you are being responsible that is great!
Good luck
2007-05-11 05:16:33 · answer #1 · answered by Jeni 4 · 0⤊ 0⤋
I am in Missouri but in the same situation. Unfortunately, if anything happened to me, my daughter would go to her "sperm" donor. And he cannot take care of himself let alone a child. So, my husband now (her step-father) is adopting her. Contact an attorney about step parent adoption. We are in the final stages of ours. It sounds like your ex wouldn't contest it. Once the adoption goes through, it like the step father becomes the legal parent. Now, if anything happens, the children stay with him. Good Luck!!
2007-05-11 12:13:37 · answer #2 · answered by lesmodee 2 · 1⤊ 1⤋
Check with the lawyer who you have write your will. Usually preference is given to the biological parent. Perhaps your husband should consider adopting the kids. If the biological dad objects you may have a fight on your hands but it is worth it.
2007-05-11 12:12:04 · answer #3 · answered by Anonymous · 2⤊ 1⤋
see if u can't get the bio dad to sign off on the children and have the step dad adopt..that would be your best recourse
2007-05-11 12:15:53 · answer #4 · answered by sunbun 6 · 0⤊ 1⤋
The simple answer is to assign custody or better yet for him to adopt them then there can be no doubt about who gets them.
2007-05-11 12:15:06 · answer #5 · answered by Walking on Sunshine 7 · 1⤊ 1⤋
talk to your lawyer and let them no the reason. also if your children are old enough they may have a legall say in the matter.
P.S. I hope that the choice never has to be made and that u are around to see your grandchildren.
2007-05-11 12:16:12 · answer #6 · answered by Anonymous · 0⤊ 2⤋